Maj. Nidal Hasan, center foreground, will be allowed to keep his beard during his military trial. Col. Tara Abbey Osborn. presiding in the case, warned him that "some people on the panel may hold that against you."

FORT HOOD - The judge who took over the Nidal Hasan case will not require the former Army psychiatrist charged in the 2009 deadly shooting rampage to shave his beard during his trial, at least for now.

The first judge in the case had ordered Hasan shave or be forcibly shaved before his trial. Hasan feuded with that judge for months, delaying the trial.

"I see that you are wearing a beard against Army uniform regulations," Osborn told Hasan, whose beard was longer and thicker than his last court appearance three months ago. "Is that a voluntary choice?"

"Yes," Hasan replied.

"I'm not going to hold that against you," she continued, "but some people on the panel may hold that against you."

Hasan is charged with killing 13 people and wounding 32. The court found on Dec. 3 that Gross had displayed an "appearance of bias" after repeatedly fining Hasan for wearing the beard.

The beard issue wasn't decided Tuesday, and it appeared that the next hearing would be next month, after Osborn reviews documents, transcripts and motions.

Army grooming rules generally forbid soldiers from wearing beards, but Hasan, 42, argued he was following his Islamic faith and had a right to grow it under the federal Religious Freedom Restoration Act.

No more litigation

In ordering the Army to find a new judge, the appeals court said that while Gross had the right to control his courtroom, there wasn't enough evidence to show the beard interfered with the proceedings, a series of hearings on defense and prosecution motions that has run nearly a year and a half.

"We need not and do not decide if and how (the Religious Freedom Restoration Act) might apply to (Hasan's) beard," the court stated in its 10-page opinion. "Should the next military judge find it necessary to address (Hasan's beard), such issues should be addressed and litigated anew."

Defense motions

Osborn, too, avoided a decision on how to proceed on the matter. She asked Hasan's lead defense attorney, Lt. Col. Kris Poppe, for a set of proposed instructions to the jury on the beard and said she would review it.

She also fielded at least 38 questions from Poppe that included her knowledge of the case and involvement with Gross.

While she received transcripts in the case last weekend, Osborn said she had not read them and would need some time for a review.

Poppe, in turn, said 13 defense motions previously heard by Gross would need to be re-litigated, as well as another seven that had new evidence.